11/10/2009 6:00:00 AM
Nelson: Death penalty trial begins
Nelson accused of killing niece
| |
|
 |
| Brad Nelson |
|
KINGMAN - Opening statements were made Monday in the capital murder case against Brad L. Nelson.
Nelson, 39, is charged with child molestation and first-degree murder in the death of his 14-year-old niece, Amber Graff.
Graff was found beaten and nude from the waist down in a bed at a motel in the 3200 block of Andy Devine Ave on June 9, 2006.
The Medical Examiner said the teen died from blunt force trauma to the head. A rubber mallet alleged to be the murder weapon was found by police under the bed wrapped in a sock that contained Nelson's DNA, said County Attorney Victoria Stazio.
The state is seeking the death penalty because they believe the murder took place during the commission of another felony crime, in this case, child molestation.
During her opening statement, Stazio said the state would present DNA evidence that linked Nelson to semen found on Graff.
Lee Novak, one of two lawyers representing Nelson, said the state had no evidence of penetration. He said he intended to show that the semen could have been transferred to the victim from a towel, sheet or bedspread.
Novak said the defense is not disputing the fact that Nelson killed Graff, but rather "Does the first-degree label fit? Does the felony label fit?"
Monday's proceedings included testimony from a housekeeper at the motel where Nelson had been staying with Graff and her 13-year-old brother while the children's mother, Nelson's sister, was hospitalized at Kingman Regional Medical Center for treatment of Crohn's disease.
The housekeeper said that the morning Amber's body was found, Nelson offered the woman a bottle of rum he had bought, but didn't drink, the night before.
The housekeeper said Nelson appeared "nervous and preoccupied" while the pair walked back to the room. She said Nelson pulled back the covers and discovered the girl with blood coming from her mouth.
Prosecutors say the last time Amber was seen alive was a little more than four hours before she was discovered unresponsive in the bed around 10:30 a.m.
Stazio said Nelson brought breakfast back to the room just after 6 a.m. Amber's brother told police he remembered Amber opening the door for Nelson before the boy fell back asleep.
Nelson and Amber's brother later went to several stores across the street from the motel while Amber remained under the covers in bed, Stazio said.
Prosecutors intend to present several pieces of evidence against Nelson, including a sleeping bag he returned to K-Mart that contained Amber's blood. Stazio said a manager at the store would also testify about her recollection of selling Nelson a rubber mallet the morning Amber's body was discovered.
The trial is expected to last at least a week. All but one of the 12 jurors and four alternates are women.
|
Posted: Friday, November 20, 2009
Article comment by:
ice
If he is found guilty the death penalty or prison he is a gonner.And as long as you can understand what i mean who cares about the spelling.
Posted: Thursday, November 12, 2009
Article comment by:
No name provided
Ashley:
From what I am reading, the defense is not saying he isn't guilty of murder, just not guilty of molestation, which makes it first degree. So, I'm thinking, if his lawyer says he's guilty, then he's probably guilty.
Posted: Wednesday, November 11, 2009
Article comment by:
what i SAIDY2ready
Dear Ready: I'll give you a bag (in case you don't like what I say about your WONDERFUL county Gov.)!
Posted: Wednesday, November 11, 2009
Article comment by:
A Former Kingman Resident
This is yet another tragedy to add to the growing list that plagues Kingman. It is the death of a child and and a heartbreaking blow to this little girl's family. I can't be the only person who reads the Daily Miner and notices the growing number of murders, assaults, and drug cases that fill the pages of the Kingman news. Stop whining about public defenders who have a job to do, and instead get out in your community and do something to better it. We are all entitled to a voice and if more people would step up and offer positive actions to the community it just might be a small step in making Kingman seem like more than just a dumping ground for meth addicts, child predators, and the variety of criminals that dot the landscape. Prayers to the family of another lost child of Kingman.
Posted: Wednesday, November 11, 2009
Article comment by:
V Stokes
@Ashley...glass houses and throwing stones ring a bell?
I won't list them all, but you could use a little work in the written English department as well.
"But who am I speak properly?" "I believe you ment..." Forget a few things? Gotta love spell check programs.
That said..I agree with most of your comments..
Posted: Wednesday, November 11, 2009
Article comment by:
Ready to puke
@ Looky 4 Big-Wig...
"That is pretty clever!"
I suppose you're hoping everyone will think the same thing about these names you come up with all over this web site.
Looky 4 Big-Wig Groom, Whoza gonna Pay, Tooka 2manee Englishcourses, looky 4 summFAIRyness on this article alone. (Other equally sophomoric aliases found elsewhere on the Miner's site.)
Please stop. It's nauseating.
Posted: Wednesday, November 11, 2009
Article comment by:
Ladywrestler
I was a friend of Amber's and I believe they should get this whole mess over with. He should get the very harsh punishment he so rightfully deserves, and she should be able to rest in piece knowing what he did to her will not happen again.
Posted: Wednesday, November 11, 2009
Article comment by:
Looky 4 Big-Wig Groom (bald will be fine!)
That is pretty clever! If I was a member of the good ol ones, they could spin the wheel of fortune and get me the best lawyer in Kingman at the expense of the county! I need to marry into one of these good families/friends here, I want a piece of the action, I mean lights,camera, ACTION!
Posted: Wednesday, November 11, 2009
Article comment by:
looky 4 summFAIRyness
We'd be lucky if he would take a plea, HE WOULD LOSE HIS RIGHTS! It would save the county a bunch of $ to private lawyers that we'd have to pay for, for years and years and years. There is too much publicity and money in this one. It will be a good seller at the box office!
Posted: Wednesday, November 11, 2009
Article comment by:
I want a ticket so I can go to the play
I don't think Mr. Novak is a public defender, I think he is contracted by the County. You can see his office on Stockton Hill. Public defenders work out of the public defender's office. It is just another way that the BIG BROTHER of Kingman keeps control of things. If you don't keep the county happy, you don't get contracted. Sounds real fair doesn't it? They contract lawyers from private practices. The public defenders are overworked and they want to keep everyone happy so that they can get a practice, or better yet become a judge! It almost reminds me of the movie THE VILLAGE. Very few have the resources to take it outside of this county. Its almost like a play that they all rehearse here. Now does anyone see why the average Joe gets LESS than half a lawyer?
Posted: Wednesday, November 11, 2009
Article comment by:
Tooka 2manee Englishcourses!
The court system in Mohave County is an insult to the American Justice system!!!!! It still does't answer the question, why do more deserving get LESS than half a lawyer?
Posted: Wednesday, November 11, 2009
Article comment by:
More Like Welcome to Kingman
Hmmm....also seems that as of June 24, 2008, Novak's co-attorney representing Nelson was Rick Williams.
Interesting reading:
http://www.mail-archive.com/deathpenalty@lists.washlaw.edu/msg04885.html
Posted: Wednesday, November 11, 2009
Article comment by:
Welcome to American Justice
Novak is a Public Defender...."If you cannot afford an attorney, one will be appointed for you"...
And thanks, Miner, for pointing out the disparity of the jury -- majority women. That certainly ensures an appeal.
I'll be curious to know if he will be required to show up for his hearing.
And @ Christine:
Nothing to do with this case in particular, but in general, it seems that in the good 'ol US of A, you're held in jail because you're guilty until proven innocent...anyone disagree?
Posted: Tuesday, November 10, 2009
Article comment by:
Ashley
@ "Whoza gonna Pay"
First, I STRONGLY recommend a basic English class for you. Whoza gonna? Dafend? I believe you ment to write "who is going to" and "defend". But who am I speak properly?
Second, I agree with Daniel. Before you spout off with your mouth, do some research. Most murder trials have two defense attorneys so that each one can do their own part. Under the Sixth Amendment all Americans have the right to have legal counsel for their defense. Who is footing the lawyer bill? The county. We have a budget for that.
Is this guy guilty? Probably, who knows? None of us were there. If the evidence can be brought to the table to convict him, then so be it. We live in the United States, we have to remember that we have rights protecting all of us. If he's guilty, then let Justice be served. This was a heinous crime indeed and justice will be served if he is truly guilty. But we must remember that just because we think he's guilty doesn't mean that he is and he shouldn't have the rights that is alloted to him via the Constitution.
Posted: Tuesday, November 10, 2009
Article comment by:
No name provided
@No Name Provided
"....as all the case's in mohave county do."
Where have you been, NNP? There is a special room at the courthouse where lawyers for both sides go that has a big "Wheel 'O Penalties" that they spin to decide cases that go to a plea bargain.
|
|
Article Comment Submission Form
|
|
